Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


6 Neutral

1 Follower

  1. I have an as yet diagnosed medical issue which limits my capacity to work, I cant get benefits yet but may only be able to work on a reduced basis going forward. I have £34k of credit card debt and £8k of other debt and can no longer service it - does anyone know the new medical criteria they have talked about for debt forgiveness please? Thank you
  2. I have a £3k planned overdaft with Lloyds and just worked out their charges equate to over 52%pa uncompounded! does anyone have an idea what Lloyds attitude is to changing this to a personal loan - I too don't think I will get an overdarft elsewhere just now!
  3. I have spoken to the OR who has directed me to their web site and this page which seems to lay the onus specifically at the creditor: http://www.bis.gov.uk/insolvency/personal-insolvency/credit-rating#2 Recorded delivery letters gone off today - nearly clean! Thanks for you help folks.
  4. I was adjudged bankrupt I September 2009 and discharged a year later, however there are still CCJs on my credit file which are showing and not marked as satisfied. I am having difficulty in understanding how I might get these removed or marked a satisfied, and getting the run around between Registry Trust the solicitors, the ICO and FCA? ANY IDEAS or HELP appreciated thank you.
  5. In line with the advice on this forum following my bankruptcy in 2008 I have managed to get all my credit file cleaned up excepting 2 entries from MBNA. I have been writing to them for months now and got their final letter exhausting their procedures this morning claiming that they have not committed a factual error in NOT marking my debt to them as 'satisifed' on my credit file because "we were granted a charging order on both your accounts ..................and received confirmation that you declared yourself bankrupt. Therefore as the Charging Orders were granted prior to your bankruptcy, we would not be included in the bankruptcy order." My view is that they were on the list of creditors, my bankruptcy extinguished my debt to them but did not affect their position vis-a-vis the Charging Order which in fact was inmaterial anyway since the property had been re-possessed by the bank some six months earlier. Any help or experiences will be gratefully received thank you.
  6. Thank you Michael that has been most heloful, best wishes to you
  7. I was made bankrupt in 2008 & am cleaning up my credit file - there are a number of CCJs which do not show as satisfied despite the subject of the CCJ being satisfied on my credit agreements file - can I get the court to mark them as satisfied by my bankruptcy?
  8. Our house was reposessed in February we had a massive mortgage and hadn't been able to sell the house. Two sales since have fallen through and its now on the market for something like 75k less than what's due on the mortgage. Both I & my partner are BR now. After my BR, but before my wife's BR she had a letter from the lender saying that they antiicpated the loss would be just less than £900 and would accept that amount to settle the account. I realise BR effectively settles the account, but if they would confirm that payment of that amount would clear our name for being delinquent mortgage holders it would be worth asking a member of the family to clear the account for us. Does anyone have any experience of this or views please?
  9. I have today been served with a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately This relates to a guarantee I had given on the rent for a shop (now closed) leased in the name of a limited company I own. I have been trying to assign the lease for some time now, the Landlord’s solicitor has been slow in replying to all my requests to assign the lease consequently I lost a deal which would have cleared the debt nearly in full in March, another which would have cleared most of it and am on the verge of either completing or loosing another which will leave 2/3rds outstanding. The landlord (private individual) has obtained a judgement for £10k and about £2k costs and has a charging order on my house - we are hoping to exchange on early in the new year. The charging order is a way down the pecking order of COs and wipes out my share of equity in the house, although my OH will agree to using part of OHs equity to get the house sale through. The Landlords solicitor was very slow in providing our own solicitor with the figures for the CO which put us behind on exchange and perhaps too on completion including satisfaction of part of his clients debt! I now have 18 days to respond to this demand, my first comments on it are: The address for response is the Royal Courts the Strand why has it not been issued in my local CC which is listed for bankruptcy matters and according the insolvency service web site is the right place? The figures do not marry with the judgement figure, nor with the amounts demanded when we have been discussing assignment. It looks like the figures are just a quickly thrown together tester as they total only 1/3rd of an alleged debt. Since much of the amount claimed is secured on property I think this application (on form 6.1) is incorrect anyway – according to the forms notes “if the creditor holds any security the amount of the debt should be the sum the creditor is prepared to regard as unsecured for the purposes of this demand” the creditors text mentions security but does not explain what of the debt is secured and what is unsecured! According to the Insolvency Service web site “A creditor who is owed more than £750 serves a 'statutory demand' for the money due and it is not paid or secured (for example, by a guarantee to provide something else of the same value); or a settlement is not agreed, within 21 days, and the debtor has not applied for the statutory demand to be set aside”. It seems to me that he already has security for this debt or at least an adjudged amount of it so the purpose of this particular application is negated! it was ‘served’ by dropping through the door after 9am this morning, according to the Insolvency Service web site “The completed form must usually be served on the individual in person. The creditor must have proof of service,” I assume that the demand’s delivery was strategic this morning to allow me no practical time to deal with it, eighteen days including today takes me to 8th January (unless someone knows how to get more time) the solicitor selling my house has the figure the landlord has claimed against the charging order which would be satisfied on completion (hopefully mid to end Jan) they are closed until January 2nd the solicitor trying to complete the assignment of the lease for the shop has the detail on this although I have a sort of statement of account not all of which I have guaranteed - they are closed until January 2nd the landlord's solicitor is also claiming about £11k of costs, £2k has been approved by the court but he has refused to give me a breakdown of the remaining £9k! I have been to court to try to get the judgement set aside but lost (before I discovered my friends here), could I dispute the debt which is unsecured? This will allow the sale to go through to clear most of the debt, the assignment to go through to clear another 1/3rd the debt and then all we are missing is another 1/3rd which perhaps bears some discussion. the real problem is that the landlord has refused to speak to me rather than work this through as I have done with 2 other landlords which got the ‘best of a bad job’ for all concerned. I had been considering launching a claim or complaint against the landlord and his solicitor for my consequential losses by their inaction and am wondering whether now is a good time to start it?
  10. Congratulations on your success, all the background work whether you used it paid off, its certainly better to be over pepared! I was behind with a mortgage earlier this year and had paid the outstandings off prior to the court hearing. I asked for the case to be closed as the claim had been satisfied and it was. Puts the claimant back to base zero - sounds again like GE just playing dirty to retain an advantage! Anyway enjoy your Christmas in the knowledge that your settlement is around the corner and your time is soon to come!
  11. I am being pursued for a debt by BCW for an equipment rental agreement which should not have been in my name, I’ve told BCW its in dispute, I got a text on the 11th and wrote to them asking them not to phone or text today I got this text: I have received your letter dated 11th december. You request that we contact yourself by letter not by phone yet you seem to experience difficult* some text missing *ership details of your home we will be taking you to court with the aim of gaining an order for sale. The only way to prevent this is to pay your debt in full. Please note that no hold will be placed on your account. Who do I threaten to report them to if they repeat it I am telling them in no uncertain terms that this is not my debt and referring them to the 3 previous letters I have sent them. Any suggestions appreciated.
  12. I am a little confused, we have an overdraft with First Direct which is about 10k. On 22nd October sent them an S.A.R - (Subject Access Request), 5th November PO returned “the information you have requested will be provided free of charge” part reply received 17th November (no covering letter) 6 pages of phone notes, further reply dated 7th November lists charges, same 6 pages, 2 pages ‘Martini notes’. No agreements or other information! Today letter from Central Debt Recovery, thanks for your letter etc “ you have applied for a refund of charges of £XXX which is currently being dealt with by our client.” Continues to chase debt excluding refund. - We have not asked for a refund yet! 2 questions if anyone can help please: was here a purpose in not accepting the £10 for an SAR to ‘avoid’ a contractual obligation? As this is an overdraft do the CCA rules and act apply? Any suggestions gratefully received.
  13. Hi Debbie, it sounds as if you’re pretty upset with Barclays and this process, don't despair follow the advice here I have about £250K of debt (got there through a series of mistakes) and have been on this site since early October, through the help I have had here It think I am close to writing off somewhere around £100k of debt quite legally, some may say its immoral not to pay what you owe, but all that is suggested is that you use the law to its best advantage, and I really think working at it is better in the longer term than going bankrupt! The other thing is when you took out your loans etc the banks and credit card companies factor into their costs that a percentage of the debts will be uncollectible - and guess what you and the rest of us paid for that percentage on all the other agreements that have been good -its like a form of insurance! We all understand that there's a lot of correspondence to see this through, but rest assured a lot of it is standard letters that you can copy and paste. If the CAB can't help with someone to do your typing try the local library, church and scout group somebody may help you for a community service badge or help with a D of E award! I found your thread as I prepare to answer Moorcroft’s demands on me re Barclays, the debt is about 11K just think of the time you spend as money earned where else could you earn £11k for maybe a couple of days work - where I am now it will take me years to earn that much! Good luck with it and make the most of the help here, best wishes!
  14. Hi Sequnci thanks for the prompt response, if we sell in the open market at the current contract price there will be a significant surplus above what the lender is owed, we can demonsrate in todays market we have squeezed the best price for the property, the problem comes with any shortfall to the Charging Order holders it looks like it might be £5 - £10k depending on costs, yes I believe we can argue with charge holders but it will slow things down and if we don't get the sale through the 1st mortgage holder will seek and probably get reposession - I'd really like to know if the law provides for this scenario - any thoughts appreciated
  15. I have 6 charging orders on my house totalling over 46k, my house is the subject of a suspended repossession order if we don't sell it we will give the keys back (and I doubt given the state of the property market it will even cover the mortgage if the lender gets to sell it) those with the COs will not get a bean. We have a cash buyer and are hoping to exchange before Christmas but my share of equity in the house is something short of being able to meet the 46k does anyone know how this works because all the charges have to be cleared before the sale completes but if there isn't enough money to pay my charges off the sale might not go ahead! My solicitor seems to know little about this so I'm looking for some help on it - any ideas appreciated?
  • Create New...